2008-043 Resolution - Laserfiche WebLink

Home Browse Search

The questioii of arbitrability of'a grievance may be raised by either party belore the arbitration hearing of the grievance on the grounds that the matter is non-arbitrable or beyond the arbitrators jurisdiction. The first qLlestion to be placed before the arbitratoT- will be whetlier or not the grievance is arbiti-able. If the arbitratol- determines the grievance is within the purview of arbitrability, the grievance will be heard on its merits before the same arbitratol-. `l'he decision of the arbitrator shall be final and binding on the grievant, the FOP and the Employer. The arbitrator shall be requested to issue his decision within thirty (30) calendar days after the conclusion of testimony and argument or subnussion of final briefs. The cost and fees of the arbitrator shall be borne equall_y by the parties. The expense of any non-employee witness shall be bor°ne, if any, by the party calling them. The fees of the court reporter shall be paid by the party asl:ing for one: such fees shall be split equally if both parties desire a reporter, or request a copy of airy transcripts. Any bargaining unit member whose attendance is required far such hearings shall not lose pay or benefits to the extent such hearing hours are during normally scheduled working hours at the day of the hearing. ARTICLE XVII DISGIPLINE 17.01 The tenure of every employee subject to the terms of this agreement shall be during good behavior and efficient service. The Einployer may take disciplinary action against any employee in the bargaining unit only for just cause. The Einployer inay talce disciplinary action for actions which occur while an employee is on dury, or which occlir while an employee is working under the colors of the Employer, or in instances where the employee's conduct violates his oath of office, or applicable rules and regulations. Forms of disciplinary action are: 1. Written warning 2. Written reprimand 3. Suspension without pay (at the option of the employee, and with the concurrence of the Employer, accrued vacation ar holiday tiine inay be forfeited equal to the length of the suspension. Record of suspension will be maintained.) 4. Reduction in pay or rank 5. Discharge. 17.02 Whenever the Employer determines that an employee may be disciplined for just cause that cotild result in suspension, reduction, or terinination, a disciplinary hearing will be scheduled with the Chief of Police, within thirty (30) calendar days from the presentation to the Cluef of Police of the determination to seek disciplinary action by the Employer. The purpose of the hearing is to give the employee an opportunity to offer explanation of the alleged inisconduct. At the hearing the einployee shall be giveil written specifications of the charges. 17.03 Any disciplinary actioii to be administered inust be issued within forty-five (45) calendar days of the date of the hearing. The employee may choose to: Appear at the hearing to present oral or written statements m his defense 14